The principle provides legal cover for inferences such as the following: if I see a sign reading “no swimming allowed after 10 pm,” I can assume swimming is allowed before that time; if an appliance store says “pre-paid delivery required for refrigerators,” I can assume they do not require pre-paid delivery for other items. The exception here is not a thing but an act of excepting. The act of stipulating a condition for when something is disallowed (or required), proves that when the stipulated conditions do not hold, it is allowed (or not required). The general rules are that swimming is allowed before 10pm and that pre-paid delivery is not required. The fact that exceptions to those rules have been stated confirms those rules hold in all other cases.

Exceptio confirmat regulam is a foundational principle for understanding biblical laws, including those about sexuality. The biblical “restrictions” suddenly becomes more interesting. For instance:

If God said not to lust after our neighbor’s wife, then it’s allowable for men to desire unmarried women.

If Paul said it was allowable to refrain from sex on occasion in order to pray, then constant sexual activity was expected as the norm.

If a woman could have her hand cut off should she decide to “taketh a man by the secrets” in a fight, then the male genitalia was normally regarded as a sacred object.

As I’ve illustrated in my post on sexuality in Leviticus, God is not a prude. The exception confirms the rule.

For those who have eyes to see…

3 Comments

earl
on April 19, 2018 at 11:02 am

Time for the retorts…context is always key.

‘If God said not to lust after our neighbor’s wife, then it’s allowable for men to desire unmarried women.’

You have heard that it was said, ‘Do not commit adultery.’ But I tell you that anyone who looks at a woman to lust after her has already committed adultery with her in his heart. Matt 5:28

‘If Paul said it was allowable to refrain from sex on occasion in order to pray, then constant sexual activity was expected as the norm.’

The verses right after he said this:

I say this as a concession, not as a command. I wish that all men were as I am. But each man has his own gift from God; one has this gift, another has that. 1 Corn 7:6-7

Some men have a wife as a gift…others don’t.

The third law I read the scripture before and after…I’d agree with your assertion. Plus other verses back it up…

“No one who is emasculated or has his male organ cut off shall enter the assembly of the LORD.” Deu 23:1

Also anything with its testicles bruised or crushed or torn or cut, you shall not offer to the LORD, or sacrifice in your land,

1. The Greek word for woman can be translated as ‘woman’ or ‘wife’ depending on the context. The context of adultery indicates that ‘wife’ is the intended meaning.
2. ‘not as a command’ – Paul didn’t want people to get the wrong idea that it was more holy to refrain from sex, especially since he, as their teacher, was single.